Graus v. Metropolitan Life Insurance

Memorandum

Judgment unanimously reversed

on the law, with thirty dollars costs to defendant, and complaint dismissed with appropriate costs in the court below. Omitting any weight to the defendant’s case by the incompetent testimony of Dr. Zager, plaintiff failed to establish accidental death by a fair preponderance of the evidence. In view of the allegations of the bill of particulars and the death certificate furnished by plaintiff, when defendant established that deceased knew of the poisonous nature of muriatic acid, and also proved, without contradiction, that severe, instantaneous…